by Rodolfo R. Agraz, Esq., and Nicholas J. Sanservino Jr., Esq., Ogletree Deakins
On July 22, 2008, the National Labor Relations Board’s (NLRB) Office of the General Counsel issued a guidance memorandum addressing unfair labor practice (ULP) charges involving political advocacy.
The impetus for the general counsel’s memorandum stemmed from a series of ULP charges filed in late 2006 involving employers that allegedly disciplined employees for participating in nationwide and local demonstrations. The demonstrations opposed legislative proposals that would have imposed greater restrictions and penalties on immigrant employees and their employers.
Political advocacy as a protected activity
The general counsel concluded that the purpose of such political demonstrations are covered by the “mutual aid or protection” clause of the National Labor Relations Act (NLRA). However, the NLRB still must determine whether the means empl...(register to read more)